You, the buyer, must carefully read all Terms and Conditions of this Subscription Agreement before proceeding to purchase a subscription to a Learning Package. Purchasing a Spec-LAB Learning Package, provided by Spec Services, LLC, indicates your acceptance of the Terms and Conditions of this Subscription Agreement. Do not purchase if you do not agree with all Terms and Conditions.

TERMS AND CONDITIONS OF THIS SUBCRIPTION AGREEMENT

SPEC-LAB LEARNING PACKAGES

 

Spec-LAB is the doing-business name of Spec Services, LLC, a Texas limited liability company, which is an American-owned and operated company, dedicated to serving our community. Our mission is to educate in construction materials, products, systems, and assemblies through our custom-made Spec-LAB Learning Packages, which you can view through a monthly subscription.  A “Learning Package” is a subscription to an Educational Library, photos, and other videos, and may also include access to Spec Training, Spec Hotline, Q&A sessions, and workshops.     

The Terms and Conditions of this Subscription Agreement (“Terms”) cover your use and access to any information on, but not limited to, our website and in our Spec-LAB Learning Packages, including supplementary materials made available through our Spec-LAB Learning Packages on other platforms.  “You” includes anyone who views or uses information gathered, observed, or learned through information on our website, and/or your subscription to the Learning Package.  “You” includes members of your company (“Intended Users”) who have viewing access to your subscription.

 By using our website or subscribing to any Spec-LAB Learning Package, you agree to these Terms. 

Spec Hotline, Q&A Sessions, and Workshops

You agree that responses to the Spec Hotline, Q&A sessions, and workshops are intended to assist you in research and specifications writing procedures.  Spec-LAB does not recommend materials, products, processes, systems, or assemblies. Spec-LAB is an independent company funded by members like you. 

Subscription to Learning Packages

Under these Terms, you acquire a subscription to a Learning Package. This is a user-only subscription that applies only to you, your company location, or Intended Users. You have no license to provide or distribute your subscription access to anyone who is not an Intended User.

Payment, Cancellation, and Renewal

All paid Learning Packages are offered on a monthly subscription basis (“Subscription Term”).   The Subscription Term will be for thirty (30) calendar day periods or for calendar month periods.   Unless either you or Spec-LAB cancels your subscription prior to expiration of the current Subscription Term, your paid subscription will automatically renew for another Subscription Term. You will provide any notice of non-renewal through the means we designate, which may include account settings or contacting our support team.  Cancelling your subscription means that you will not be charged for the next billing cycle, but you will not receive any refunds or credits for amounts that have already been charged. All renewals are subject to the applicable Learning Packages continuing to be offered and will be charged at the then-current rates.

Charter Memberships

For Charter Memberships, any updates to these Terms will apply on the first day of the following calendar month with each renewal period, except that Charter Membership Rates that will remain fixed for the lifetime of the user or entity. 

Privacy

We use PayPal and Stripe to process your credit card payment.  Hence, we do not collect, store, or retain your personally identifiable information.  Please visit those sites for information on how your personal data may be stored and used.

Copyright Limitations

Each Learning Package contains electronic imagery and writing copyrighted under the laws of the United States. You may not copy any part of the Learning Package, including, but not limited to, any downloaded materials made available by Spec-LAB through other platforms. Copying Learning Package information or other materials is in violation of these Terms.  Our website is similarly protected by U.S. Copyright laws. Spec-LAB is a trademark of Spec Services, LLC.

Waiver of Implied Warranties

You acknowledge that the Learning Packages and other materials are for educational and entertainment purposes.  You agree to waive implied warranties, if any, directly or indirectly, arising out of your subscription to a learning package. 

Warranty Disclaimer

         While we strive to provide a great training, educational, or entertainment experience through our Learning Packages, there are certain things that we cannot guarantee. The Learning Packages are provided “as is” with no express or implied warranties. Further, Spec-LAB does not warrant, guarantee, or make any representations regarding the use of the Learning Packages or the results it obtains with respect to correctness, accuracy, or reliability. You agree to rely on the Learning Packages solely at your own risk. To the fullest extent permitted by law, Spec-LAB makes no warranties, either express or implied, about the services. The services are provided "as is." We also disclaim any warranties of merchantability, fitness for a particular purpose, and non-infringement.

Limitation of Remedies

We do not exclude or limit our liability to you where it would be illegal to do so. In every other event, neither Spec-LAB nor any other person involved in the creation, production, or delivery of the Learning Packages shall be liable to you or any other person for any direct, indirect, incidental, or consequential damages, expenses, lost profits, or other damages, arising out of the use of, or inability to use the Learning Packages, information on the Spec-LAB website, or any other product or service provided by Spec-LAB.  

We cannot guarantee that our security procedures will be error-free.  We will not be liable for delays, interruptions, service failures, or other problems inherent in use of the internet and electronic communications or other systems outside our reasonable control. You may have other statutory rights, but the duration of statutorily required warranties, if any, will be limited to the shortest period permitted by law.

Liability Caps

Except for excluded claims for disparagement and violation of Spec-LAB intellectual property rights, each party’s aggregate liability to the other arising out of or related to these Terms will not exceed the amount actually paid or payable by you to us under these Terms in the twelve (12) months immediately preceding the date the claim arose.

Chargebacks

If we receive a chargeback or notice of payment dispute from PayPal, Stripe, or other payment means expressly authorized by us, or from a credit card company or bank, your subscription may be suspended without notice. A US $50 chargeback fee (issued to recover fees passed on to us by the credit company) plus any outstanding balances accrued as a result of the chargeback(s) must be paid in full before a subscription is restored or any further service is provided. Instead of issuing a chargeback, please contact us to address any billing issues.

Warning: Intentionally requesting a chargeback or opening a PayPal dispute for a valid charge from us is fraud and is never an appropriate or legal means of obtaining a refund. Please read and make sure you fully understand our Payment, Cancellation, and Renewal section prior to making a payment.

 

Force Majeure

Spec-LAB may invoke Force Majeure to excuse the failure of providing functional web-access to the Learning Packages, if such failure was caused by: fire; flood; hurricane, tornado, or other severe storm; earthquake; act of war; sabotage; terrorism; riot; interruption or failure of electrical or telecommunications service failures, order by governing authority requiring closure or temporary cessation of operations; pandemic or other disruption in regular operations, or failure of suppliers, subcontractors, and carriers to substantially meet their performance obligations.  Force Majeure shall not entitle you to a refund for disrupted service or access. 

Governing Law and Venue

These Terms shall be construed according to, and the rights of the parties shall be governed by, the laws of the State of Texas without giving effect to the principles of that State relating to conflicts of laws.  Venue for any arbitration shall be in Dallas County, Texas. 

Dispute Resolution

In the event of any controversy or claim arising out of or relating to these Terms, the website, your subscription, or any other service provided by us, you and Spec-LAB agree to consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a solution satisfactory to both parties. If this does not resolve the issue, then you and Spec-LAB agree to submit any such dispute to mediation administered by the American Arbitration Association under its Commercial Mediation Rules, which shall govern the method for allocating fees and expenses, the locale of meetings within the County of Dallas, time limits for document production, motions, and related matters. Notwithstanding, the party commencing the action shall pay any administrative fees, and the parties agree to split the mediator’s fee. 

You and Spec-LAB agree that any and all disputes not resolved by mediation shall be resolved by Arbitration, which shall be the exclusive forum and means to finally resolve any controversy or claim arising out of or relating to this contract, or the breach thereof.  Such arbitration shall be administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Injunctive Rights and Enforcement

Notwithstanding the above provisions of Governing Law and Venue and Dispute Resolution, nothing in these Terms will prevent Spec-LAB from seeking injunctive relief with respect to a violation of intellectual property rights, disparagement clause, or enforcement or recognition of any award or order in any appropriate jurisdiction.

Non-Disparagement

At Spec-LAB, our mission is to provide excellent customer service and training that is useful, practical, and educational.  If you have a concern for any reason, please contact our customer support so that we may address the issue.  To protect us from potential unfair criticism, you agree not to make or publish any negative or adverse review, statement, or other information in public, social media, or otherwise that is adverse or harmful to the reputation of Spec-LAB, directly or indirectly, or through a third party. If Spec-LAB subjectively believes that any such published review, statement, or other information in the public domain or social media is harmful to its reputation, you agree to retract and/or remove such statement immediately upon our request.

Entire Agreement

These Terms constitute the entire agreement between you and Spec-LAB with respect to the subject matter of these Terms and supersede and replace any other prior or contemporaneous agreements, terms, or conditions applicable to the subject matter of these Terms. These Terms create no third-party beneficiary rights.  Further, if the Terms are changed, revised, or amended, such updated Terms shall apply to you at the beginning of your next monthly subscription renewal, or thirty (30) days, whichever is shorter. 

Waiver, Severability, and Assignment

Spec-LAB’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms to another person or legal entity, and any such attempt will be void. Spec-LAB may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the services provided by Spec-LAB, or other entity.

Changes to these Terms

We may modify the terms and conditions of these Terms, from time to time, by posting, without notice to you, an updated Terms on our website.  Except as otherwise indicated below, modifications to these Terms will take effect at the next monthly or thirty (30) day renewal of your Subscription Term and will automatically apply as of the renewal date unless you elect not to renew.  You acknowledge responsibility for checking the Terms for any updates at each monthly renewal term.

Notices

Any notices that you provide to us by post shall be by US Postal Service certified mail, return-receipt requested, to Spec-LAB c/o Spec Services, LLC., 13612 Midway Road, Suite 601, Farmers Branch, Texas 75244, Attn: Customer Service. Your notices to us will be deemed given upon signed receipt.  Any notices to you by electronic means or by US postal service will be deemed to be given upon sending or mailing, whichever is applicable.